107946-1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

LOCAL UNION NO. 626, UNITED BROTHERHOOD : CIVIL ACTION

OF CARPENTERS AND JOINERS OF AMERICA :

PENSION FUND, et al. :

Plaintiffs :

:

v. :

:

MIDDLE STATES DRYWALL, INC., et al. :

:

Defendants : NO. 02-2761

REQUEST TO ENTER DEFAULT PURSUANT TO F.R.C.P. 55(a)

J. R. COLDIRON & SONS, INC., ALN CONSTRUCTION,

JOHN D. COLDIRON, BRENDA PETERSON AND GREG PETERSON

You will please enter a default on Defendants J. R. Coldiron & Sons, Inc., ALN

Construction, John D. Coldiron, Brenda Peterson and Greg Peterson only for their failure to

plead or otherwise defend the Amended Complaint filed on October 11, 2002, or the Complaint

filed May 8, 2002, as provided in Rule 55(a) of the Federal Rules of Civil Procedure as appears

in the attached declaration of Shelley R. Goldner, Esquire.

Respectfully submitted,

JENNINGS SIGMOND, P.C.

By:s/Shelley R. Goldner _____________ 

SHELLEY R. GOLDNER, ESQUIRE (ID. NO.32896)

KENT G. CPREK (ID. NO.40806)

Jennings Sigmond, P.C.

The Penn Mutual Towers

510 Walnut Street, 16th Floor

Philadelphia, PA 19106

(215) 351-0615/0644

Attorneys for Plaintiffs

Date: December 6, 2002

Case 2:02-cv-02761-RBS Document 10 Filed 12/06/2002 Page 1 of 5
107946-1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

LOCAL UNION NO. 626, UNITED BROTHERHOOD : CIVIL ACTION

OF CARPENTERS AND JOINERS OF AMERICA :

PENSION FUND, et al. :

:

Plaintiffs :

v. :

:

MIDDLE STATES DRYWALL, INC., et al. :

:

Defendants : NO. 02-2761

DECLARATION OF SHELLEY R. GOLDNER FOR ENTRY OF DEFAULT

Shelley R. Goldner, Esquire, having been first duly sworn according to law, hereby deposes and

states as follows:

1. I am the attorney for the Plaintiffs in the above-entitled action.

2. The Complaint and Summons in this action were served on the Defendants J. R.

Coldiron & Sons, Inc., ALN Construction, John D. Coldiron, Brenda Peterson and Greg Peterson

(“Defendants”), by Gerald Taylor, Process Server, on June 3, 2002, as appears from the Affidavit

of Service of the Complaint which has been duly docketed with the Court. The Amended

Complaint and Summons were served on Defendants ALN Construction, Brenda Peterson and

Greg Peterson on October 25, 2002 by first class mail addressed to their attorney, Walter Flamm,

Esquire, who agreed to accept service on behalf of his clients. The Amended Complaint and

Summons were served on Defendants J. R. Coldiron & Sons, Inc and John D. Coldiron by

certified and regular mail on October 25, 2002. The time in which the Defendants may answer

or otherwise move as to the Amended Complaint has expired.

Case 2:02-cv-02761-RBS Document 10 Filed 12/06/2002 Page 2 of 5
107946-1 2

3. The Defendants have not answered or otherwise moved and the time for

Defendants to answer or otherwise move has not been extended.

I declare under penalty of perjury in accordance

with 28 U.S.C. §1746 that the foregoing is true and

correct to the best of my knowledge, information

and belief

Executed on : December 6, 2002 s/Shelley R. Goldner 

SHELLEY R. GOLDNER, ESQUIRE

Case 2:02-cv-02761-RBS Document 10 Filed 12/06/2002 Page 3 of 5
107946-1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

LOCAL UNION NO. 626, UNITED BROTHERHOOD : CIVIL ACTION

OF CARPENTERS AND JOINERS OF AMERICA :

PENSION FUND, et al. :

:

Plaintiffs :

:

v. :

:

MIDDLE STATES DRYWALL, INC., et al. :

:

Defendants : NO. 02-2761

DECLARATION OF NON-MILITARY SERVICE

SHELLEY R. GOLDNER, ESQUIRE, having been duly sworn according to law hereby

deposes and states that she is legal counsel for Plaintiffs Carpenters Pension and Annuity Fund

of Philadelphia and Vicinity, et al., and that none of the Defendants is in the military or naval

service of the United States or its allies, nor otherwise within the provisions of the Soldiers and

Sailors Civil Relief Act of 1940 or its amendments.

I declare under penalty of perjury in accordance

with 28 U.S.C. §1746 that the foregoing is true and

correct to the best of my knowledge, information

and belief

Executed on : December 6, 2002 s/Shelley R. Goldner 

SHELLEY R. GOLDNER, ESQUIRE

Case 2:02-cv-02761-RBS Document 10 Filed 12/06/2002 Page 4 of 5
107946-1

CERTIFICATE OF SERVICE

I, Shelley R. Goldner, Esquire, statue under penalty of perjury that I caused a copy of the

foregoing Request to Clerk to Enter Default Pursuant to F.R.C.P. 55(a) J. R. Coldiron & Sons,

Inc., ALN Construction, John D. Coldiron, Brenda Peterson and Greg Peterson only to be served

via first class mail, postage prepaid on the date and to the addresses below:

John D. Coldiron

845 Waterway Road

Oxford, PA 19363

ALN Construction

25 Good Hope Road

Landenberg, PA 19350

and

P.O. Box 7717

Wilmington, DE 19803

Michael T. Imms Esquire

Crawford,Wilson & Ryan, LLC

220 West Gay Street

West Chester, PA 19380

Brenda Peterson

25 Good Hope Road

Landenberg, PA 19350

and

P.O. Box 7717

Wilmington, DE 19803

Walter Flamm, Esquire

Flamm, Boroff & Bacine, P.C.

Union Meeting Corporate Ctr.

925 Harvest Drive, Suite 200

Blue Bell, PA 19422

Greg Peterson

25 Good Hope Road

Landenberg, PA 19350

and

P.O. Box 7717

Wilmington, DE 19803

Date: December 6, 2002 s/Shelley R. Goldner 

SHELLEY R. GOLDNER, ESQUIRE

THIS DOCUMENT HAS BEEN ELECRONICALLY FILED AND IS AVAILABLE FOR

VIEWING AND DOWNLOADING FROM THE ECG SYSTEM

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